Boston Injury Lawyer Blog

May 22, 2014

Driver Was Holding Cell Phone During MBTA Bus Crash

According to an affidavit from the MBTA police, the 42-year-old bus operator who drove through a guardrail was holding a cell phone when the accident happened. Eight people sustained non-life threatening injuries in the Newton, MA bus crash on Sunday that left a bus to partially hang off a bridge over the Massachusetts Turnpike.

The bus operator, Mattapan resident Shanna Shaw, is charged with speeding, operating to endanger, impeded operation, and obstruction of justice. She initially told an investigator that she shut her eyes while driving because she’d sneezed. However, a closer look at surveillance footage showed that Shaw was holding something in her left hand at the time. Shaw later admitted it was an iPhone.

MBTA bus operators are not allowed to have a phone with them while on duty. Instant termination is the penalty for using a phone while driving at work.

May 21, 2014

General Motors Recalls 2.8 Million More Vehicles

by Altman & Altman

Raising the number of vehicles it has recalled this year so far to nearly 15.4 million autos, General Motors Co. announced this week that it is recalling another 2.8 million cars globally. This latest round involves possibly faulty air bags, seat belts, transmissions, and fire hazards. Most of the autos impacted are in the United States.

The actions affect: 1,402 Escalade ESVs and Cadillac Escalades (2015 models), which have been linked to improperly attached airbags; 284,913 Chevrolet and Optra autos (2004-2008 models) because their daytime running lights may overheat, potentially causing a fire; 1,339,355 Buick Enclaves, GMC Acadias, and Chevrolet Traverses (2009-2014 models) and the Saturn Outlook (2000-2010 models) over a weak seatbelt design; 58 GMC Sierra HDs and Chevrolet Silverado HDs (2005 model) due to a fire hazard; and 1,075,102 Pontiac G6, Malibu Maxxes, and Chevy Malibus (2004-2008 models) over a transmission issue. With that problem, drivers may not be able to change gears, put the the car in park mode, or take the key out of the ignition. Already, this has resulted in at least 18 car accidents and one injury.

GM to Pay $35M NHTSA Fine

May 19, 2014

Woman Falls Down Elevator Shaft at Fenway

by Altman & Altman

A 22-year old woman was injured late Friday night when she fell two stories down an elevator shaft at Fenway Park.

The victim was with a group of people when she fell from the fourth floor and landed on top of the elevator car, which had stopped on the second floor. According to investigators, authorities received a call reporting the fall just after 11 p.m. when the Red Sox game had ended. The fall reportedly knocked the victim, Lizzy Scotland, unconscious and she was not responsive when firefighters arrived at the scene. Scotland was taken to Beth Israel Deaconess with serious injuries.

Investigators are still trying to determine how the woman was able to get through the doors.

“We don’t know if both doors opened, or one door opened, or if the bottom of the door gave way and she fell through that spot. We’re looking at all the equipment,” Boston Fire Department Spokesperson Steve MacDonald said in a statement.

The Red Sox organization, in a statement released on Saturday afternoon, acknowledged that the woman suffered “serious injuries,” and said team personnel had worked alongside first responders Friday to help her. A Red Sox spokeswoman also said that the remaining elevators in the park were inspected before Saturday night’s game as a precaution. The incident is not considered to have criminal intent, and is currently deemed as an accident.
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May 16, 2014

Bounce House Flies Twenty Feet, Injures Three Children

by Altman & Altman

Two boys, ages 6 and 5, and a girl, age 10, sustained fall accident injuries this week when an inflatable bounce house became detached from its plastic anchor stakes and went soaring into the air. The girl fell out soon after the Little Tikes playhouse lifted off the ground, sustaining minor injuries. The boys did not tumble out until the 38-pound toy had reached a height of about fifteen feet.

One boy, who landed on a parked car before striking his head on the pavement, is still in a medically induced coma. The younger boy, sustained broken arms, a broken jaw, and other injuries.

This is not the only inflatable house to go soaring. In 2011, reports USA Today, four kids were hurt when a bounce house was carried away by the wind and landed on a roof. Also that year, a bounce house transported its child occupants across three traffic lanes.

May 16, 2014

Unlicensed Driver Collides with 3 Brockton Schoolchildren

by Altman & Altman

It was a chaotic scene Thursday morning when a driver slammed into three young children waiting to board a school bus on Warren Avenue in Brockton, MA. The accident happened around 8:00 Thursday morning as the children were on their way to Brookfield Elementary School. Authorities say 38-year-old Yainira Boria of Brockton failed to stop for the school bus and drove right into three young students. Witnesses saw her get out of the car, ask if the kids were okay and then speed off.

The Boston Globe reports “A school bus was approaching to pick them up so the kids ran across the street,” said Lieutenant Robert Sergio. “A car in the opposite direction hit them and took off.”

The father of one of the injured children told CBS Boston that the woman told him she did not possess a driver’s license before leaving the scene. According to CBS Boston, all three children sustained non-life threatening injuries and were treated and released from Brockton Hospital. Two of the victims, Andreia Fernandes, 8, and Larry DaSilva, 6, are neighbors and recovering at home from their injuries.
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May 14, 2014

With Prom and Graduation Season in Full Force, We’re Sending A Reminder to Parents to Host Parties Responsibly

by Altman & Altman

With the school year wrapping up and prom season still in full force, we would like to remind all parents who are hosting get-togethers for both underage and of-age guests to be aware of the law and host gatherings responsibility.

Whether you’re hosting an after-prom party, graduation party, barbeque, or any kind of social get-together where alcohol is being served, you, as the host, bare a huge responsibility for your guests and their safety. Massachusetts Social Host Liability Law is an extremely important subject, because what many people do not realize is that the actions of their guests, even after a guest has left the party, may fall under the responsibility of the host.

Massachusetts Social Host Liability Law

According to Massachusetts’ law a social host is considered anyone who provides alcohol to a guest as an act of hospitality without exchanging money. Additionally, a social host is considered someone who also allows a guest to consume alcohol on his or her property. While the property that is involved is usually someone’s home, properties can also include beach property, rental property, and even boats-essentially any property that a host owns or controls.

Under Massachusetts Social Host Liability Law, a social host assumes liability for all injuries sustained by the guest or caused by the guest who was served alcohol. Injuries most often result from [the most common type of] accident: drunk driving. According to the Massachusetts judicial system hosts are responsible for making sure their guests do not consume alcohol to the point of intoxication. For example, if you host a party and one of your guests is over-served and ends up injuring another person as a result of drunk driving, not only is he at fault, but you are responsible as well.
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May 8, 2014

GE, Foster Wheeler Named in Asbestos Lawsuit

by Altman & Altman

General Electric and Foster Wheeler have been named in a lawsuit against the corporate giants filed by Henry and Teresa Haley. The suit against Henry Haley’s former employers alleges that Mr. Haley came in contact with Asbestos, a known carcinogen, while working for GE and Foster Wheeler, causing severe health complications later in life. Haley handled the potentially dangerous material while working for both companies and now suffers from several medical conditions including Asbestosis, other lung damage, and cancer.

Asbestos, while a naturally occurring mineral, is now known to be a carcinogen with the potential to cause a wide range of serious health complications. The material is fireproof and an excellent insulator, making it a popular choice in construction and industrial work until the 1970s. However, the tiny hook-like fibers in the material can claw onto the lungs, leading to Asbestosis, Mesothelioma, and other cancers. Unfortunately, it may take years before any symptoms of the diseases begin to appear, complicating treatment and detection.
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May 7, 2014

Former Student Files Massachusetts Sex Abuse Case, Says Teacher Gave Him Pain Pills For Favors

by Altman & Altman

A 23-year-old man is suing his former Spanish teacher for Massachusetts sexual abuse. The plaintiff, identified only as “John Doe,” says that Emily Parks, who used to be the principal at Westwood High School, and the school committee failed to protect him from Ashworth’s sexual advances.

According to the Massachusetts personal injury case, Ashworth, who is from Needham, became Doe’s Spanish teacher when he was a sophomore. Because he has a debilitating skin disorder, Doe was a special education student and often used a wheelchair.

He claims that Ashworth “groomed” him for the abuse by paying extra attention to him and giving him a higher grade. She became his study adviser and spent time with him outside class.

May 6, 2014

Equipment Failure Caused Ringling Brothers Circus Accident, Say Investigators

by Altman & Altman

According to state investigators, a metal clip that was supposed to hold 10,000 pounds in weight is the cause of a circus injury accident that sent Ringling Brothers performs plunging at least 20 feet to the ground during a performance. Eight female acrobats and one dancer sustained numerous fractures and other injuries, including internal injuries and head injuries. Ringling Bros. and Barnum & Bailey Circus is replacing all the metal clips in its show as a cautionary measure.

The 4-inch clip is called a carabinder. The fastener was used to support a frame that suspended the aerialists above ground as a human chandelier during a sequence known as the Medeiros Hair-Hang Act. Now, investigators want to know how and why the fastener failed. The rigging used weighed just 1,500 pounds.

It is possible that the clip, in use by the circus since September, became weak over time. However, human error may have been a factor too. The Occupational Safety & Health Administration is also investigating the fall accident.

May 6, 2014

Needham, MA Teen Injured in Hit-And-Run Days before Prom

by Altman & Altman

Seventeen-year-old Kailey Wasserman sits in her living room with tears streaming past a large scrape on her chin, one of many peppering her bruised body. Wasserman is understandably upset. She was the victim of a brutal hit-and-run as she was jogging in Needham. The driver left her bruised and bleeding on the ground and sped off with nary a thought about the injured teen he or she could have killed.

Kailey Wasserman faces WBZ TV cameras and opens her mouth to where her smile should be. Instead, she is missing two teeth and another is rendered to a fraction of what it used to be. The Boston Globe and WBZ report that in addition to her teeth, Kailey suffered a painful injury to her elbow and cuts and bruises all over her body.

According to authorities, the accident occurred at the intersection of High Rock Street and Marked Tree Road. Kailey explains that the driver blew through a stop sign and hit her, never stopping to see if she was okay. She was hit hard, rolling over the hood of the oncoming car and hitting her face on the pavement when she came to rest.
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